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This Agreement incorporates by reference the Epproach Rates and Services Schedule ("Schedule") posted on our web site from time to time. Epproach may modify this Schedule from time to time in accordance with law. If you do not agree with any revised terms listed in the Schedule, please call Epproach promptly at 1 (843) 278-0178 or at (877) 364-5907 (Toll Free) to cancel your Service. Service Usage You are responsible for all usage and associated fees for the Service, whether or not you have authorized such usage. This Service is provided only for your use, and you may not resell, assign, or transfer your rights associated with the Service without prior written consent from Epproach; however, service furnished by Epproach may be used for the transmission of communications by you or someone that you authorize to use your Service. The utilization of any data or information received by User from the utilization of the Services to be provided by Epproach is at the sole risk of User. Epproach specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. All equipment not purchased from Epproach, but supplied by Epproach for use with any broadband services remains the property of Epproach. Upon termination of this Agreement, all such equipment must be returned to Epproach via the property leasing office or by other determined means. Should you fail to return equipment within 30 days of cancellation, Epproach reserves the right to charge you the replacement cost for said equipment on the credit card of record. Restrictions You may not use the Service in a manner that violates federal, state or local laws and rules, or in a manner that interferes or could interfere with services provided to others or that could harm Epproach facilities. You certify that you are at least 18 years of age. Epproach assumes no liability for use of its service by a minor. If Epproach has reason to suspect unlawful use, abuse, fraudulent usage, interference or actual or anticipated non-payment in connection with the Service or the Service network, Epproach may immediately, without notice or liability, deactivate or terminate the Service. If you suspect fraudulent or unlawful use of your Service, please contact Epproach immediately at (843) 278-0178. Epproach may temporarily refuse, limit, interrupt, or curtail your Service as necessary. Epproach may, without notice and at its option, cancel service if an account has shown no usage for six (6) consecutive months. Epproach, or its authorized agents, shall make all repairs and modifications of the Epproach network and systems. User agrees not to disturb, tamper with, reroute or in any way interfere with any component of the Epproach network or systems. You agree to repay Epproach any and all damages resulting from any tampering or modification of the Epproach network or systems and the lost value of the Epproach service, if any, plus reasonable costs and attorneys fees incurred by Epproach in enforcing this provision. Warranty Epproach makes no warranties of any kind, whether expressed or implied, for the Service, software or hardware it is providing. Epproach also disclaims any warranty of merchantability or fitness for a particular purpose. Epproach will not be responsible for any damages you suffer. This limitation includes loss of data resulting from delays, non-deliveries or service interruptions, whether due to maintenance of the network or caused by User or due to Epproach negligence, errors or omissions, or due to inadvertent release or disclosure of information sent by you. Liability and damages Any Epproach liability to the damages resulting from your use of the Service or unavailability of the Service is limited as set forth in this Agreement. Epproach makes no representations and does not assume any legal liability or responsibility for the content, accuracy, completeness, or usefulness of any information or messages sent or received via the Service. Epproach will not be responsible for any loss or damages arising out of the use of the Service, including damages resulting from personal injuries, death, or property damage. Neither Epproach nor its suppliers of equipment, agents or authorized distributors of service are liable for any loss or damage whatsoever resulting from mistakes, network failure, unauthorized access to data, files or equipment, interruptions in service or delays in transmission. In no event shall you have any right to recover from Epproach, or its equipment or service providers, agents or authorized distributors any indirect, special, punitive, incidental, or consequential damages, including but not limited to loss of profit or revenue, even if Epproach has been advised of the possibility of such damages. Any Epproach liability for direct damages arising out of any additions, omissions, interruptions, delays, mistakes, errors or defects in the transmission occurring in the course of furnishing the Service or facilities shall in no event exceed an amount that is equivalent to the charge for the Service during the period in which the fault in transmission occurs. Epproach is not liable for any defacement of or damage to a User’s premises resulting from the furnishing of Service or the installation or removal of facilities and equipment, when such defacement or damage is not the result of the gross negligence of Epproach. If such defacement or damage is the result of gross negligence by Epproach, in no event will Epproach be liable for more than the direct damage. Epproach shall not be liable for any failure to perform its obligations under this Agreement due to any cause or causes beyond its reasonable control, as determined by Epproach. Epproach shall be entitled to take and shall have no liability whatsoever for any action as deemed necessary by Epproach to bring the Service or its practices into conformity with any rules, regulations, orders, decisions or directives of the FCC or other governmental agency. Epproach is not responsible for problems with the operation of computers and other equipment not owned by Epproach. In the event that an Epproach systems repair service is requested for problems, which, in the judgment of Epproach, relate to equipment not owned or installed by Epproach, a service charge will be imposed for the repair visit. Indemnity Epproach is not responsible for any third party claims relating to or arising out of use of the Service. Except for the gross negligence or willful misconduct of Epproach, you agree to reimburse Epproach for all costs and expenses, including attorney’s fees, relating to any such third party claims. Disputes You agree that any disputes that cannot be settled informally will be resolved by arbitration using the rules of the American Arbitration Association. Before initiating or participating in any arbitration proceeding concerning any aspect of this Agreement, you agree that you will attempt to resolve any disputes that arise between you and Epproach informally by providing Epproach with written or oral (by calling (843) 278-0178) notice and a brief explanation of your concern. You agree to give Epproach at least 30 days (from the time you first notify the company) to resolve the dispute. If arbitration is required, the arbitration will be conducted by a single arbitrator engaged in the practice of law. Unless you and Epproach agree otherwise, arbitrations will be decided solely on the basis of your and Epproach’s written submissions, including relevant documents, to the arbitrator unless the arbitrator requires otherwise. The arbitrator's decision and award will be final and binding and may be entered in any court with jurisdiction. The Federal Arbitration Act, not state law, shall govern the arbitrability of all claims. You agree to keep the results of any such arbitration confidential. Notwithstanding the foregoing, you continue to have the right to seek relief through an appropriate federal or state regulatory agency, but you agree that you will not join or participate in any class-wide action relating to the Services. Changes to Terms and Conditions Epproach reserves the right to modify the charges, terms and conditions under which the Service is provided by posting material changes to the Rate and Service Schedules on our website www.epproach.net at least 15 days prior to the effective date of such modification(s). Epproach may also choose, in its sole and complete discretion, to provide an additional notice such as print advisories in newspapers. Use of the Service will constitute acceptance of any new rates, terms or conditions stated in the Rate and Service Schedules. You are free to terminate your Service at any time in the event of a change in the Rate and Service Schedules unless otherwise provided. Service Plans, Charges and Billing Use of Epproach's broadband services and access to all of Epproach's services are subject to compliance with Epproach's Acceptable Use Policy included as part of this agreement, Any access to other networks connected to Epproach's network must comply with the rules for that other network. You will be billed monthly for the upcoming month of service. State and federal taxes and surcharges may apply. Your approved credit card or bank account will be billed electronically on the first day of the month or upon activation for services that are not billed monthly, unless otherwise agreed upon in your service plan. If you wish to cancel your account or any single service after the first 15 days of Service(s), and you have not signed a long-term (greater than a month) service agreement, notification must be submitted in writing via signed letter. Cancellations may also be submitted via e-mail sent to billing@epproach.net. It is the client’s responsibility to confirm Epproach's receipt of the cancellation notice. A cancellation notice must be submitted to Epproach a minimum of 15 days in advance of its proposed effective date before the company's next credit card billing cycle. No refunds will be given for partial months already charged to the client. If you have signed a long term service agreement (greater than a month), then you will be responsible for the remaining monthly payments for the entire length of the term, paid in full at the time of cancellation of service(s). Payments Your credit history may require you to pay a security deposit before activation of your Service. Security deposits must be cash, credit card or certified funds. You are responsible for payment of all charges for your use of the Service furnished by Epproach pursuant to this Agreement, regardless of whether such use was authorized by you. You agree to pay Epproach for all charges billed as a result of any use of your authorization code, whether such use is by you or by a third party in connection with a lost, stolen or misappropriated authorization code or otherwise. It is your responsibility to notify Epproach if your authorization code has been stolen or lost. Epproach is not liable for any damages, including toll charges, you may incur as a result of the unauthorized use of your Service. Billing that is not done electronically with credit cards and/or online auto withdrawals, will be payable upon receipt. Amounts not paid within thirty (30) days after the invoice is rendered will be considered past due. Interest on the amount due at the rate of one and one-half percent (1 ½%) per month (unless a lower rate is prescribed by law, in which event at the highest rate allowed by law) may accrue upon any unpaid amount commencing seven (7) days after the date the payment is past due. Checks returned to Epproach will incur a return charge fee of $25 (unless a lower fee has been prescribed by law, in which event the charge will be equal to such lower fee), which will be added to your Service account. Should online credit card or auto withdrawal billing fail to process or payments are not made when due, Epproach reserves the right to suspend service until such time that payment is rendered in full. Claims for any errors in billing or service quality must be made by you in writing within 30 days of your receiving the invoice giving rise to the claim. Epproach may make adjustments to charges calculated in error. Intellectual Property All rights in the Intellectual Property, including, but not limited to brand names, trademarks, logos, trade dress, engineering designs, patents, patent applications, and copyrights of Epproach are the exclusive property of Epproach and you have not, had not and shall not, at any time, assert or claim any right or interest in any of the intellectual property rights of Epproach by virtue of this Agreement or otherwise. |
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Epproach Communications, Inc. 720 N. Third St. Wilmington, NC 28401 Toll Free (877) 364-5907 |
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© 2004 Epproach Communications | Terms & Conditions | Acceptable Use Policy | |
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